Federal Act
on Foreign Nationals and Integration
(Foreign Nationals and Integration Act, FNIA)1

1 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).


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Art. 126a Transitional provisions to the Amendment of 16 December 2005 to the AsylA 481482

1 If there is a reas­on to is­sue an in­ter­me­di­ate or fi­nal ac­count in ac­cord­ance with Art­icle 87 of the AsylA in the ver­sion of 26 June 1998483, be­fore the com­mence­ment the amend­ment of 16 Decem­ber 2005 of the AsylA, the in­ter­me­di­ate or fi­nal ac­count and the net­ting of the ac­count are ef­fected in ac­cord­ance with the pre­vi­ous le­gis­la­tion.

2 The Fed­er­al Coun­cil shall reg­u­late the ac­count­ing pro­ced­ure as well as the ex­tent and the dur­a­tion the spe­cial charge and the con­fis­ca­tion of as­sets of tem­por­ar­ily ad­mit­ted per­sons who were in em­ploy­ment be­fore the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA and for whom there was no reas­on to is­sue a fi­nal ac­count in ac­cord­ance with para­graph 1 at the time of the amend­ment of 16 Decem­ber 2005 of the AsylA.

3 The new le­gis­la­tion sub­ject to para­graphs 1 and 2 of these trans­ition­al pro­vi­sions ap­plies to the pro­ced­ures in ac­cord­ance with Art­icles 85–87 of the AsylA in its ver­sion of 26 June 1998 that were pending at the time of the com­mence­ment the Amend­ment of 16 Decem­ber 2005 to the AsylA.

4 Sub­ject to the para­graphs 5–7, the new le­gis­la­tion ap­plies to per­sons who were tem­por­ar­ily ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA as well as of this Act. If tem­por­ary ad­mis­sion was ordered on the basis of Art­icle 44 para­graph 3 of the AsylA, it con­tin­ues to ap­ply.

5 For per­sons who were ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005, the Con­fed­er­a­tion shall pay the can­tons flat-rate pay­ments in ac­cord­ance with Art­icles 88 para­graphs 1 and 2 and 89 of the AsylA for the dur­a­tion of tem­por­ary ad­mis­sion, but for a max­im­um of sev­en years from the date of entry. In ad­di­tion, the Con­fed­er­a­tion shall pay the can­tons to a one-time con­tri­bu­tion for per­sons who were tem­por­ar­ily ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA with the in­ten­tion in par­tic­u­lar of fa­cil­it­at­ing pro­fes­sion­al in­teg­ra­tion. The Fed­er­al Coun­cil shall de­term­ine the amount.

6 The cur­rent le­gis­la­tion ap­plies to pro­ced­ures in ac­cord­ance with Art­icle 20 para­graph 1 let­ter b of the Fed­er­al Act of 26 March 1931 on the Res­id­ence and Set­tle­ment of For­eign Na­tion­als (ANAG) in its ver­sion of 19 Decem­ber 2003484 that are pending at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA.

7 If tem­por­ary ad­mis­sion was re­voked in a leg­ally bind­ing de­cision be­fore the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA, the Con­fed­er­a­tion shall pay the can­tons a one-time flat-rate pay­ment of 15 000 francs, provided the per­sons con­cerned have not yet left Switzer­land.

481 In­ser­ted by No IV 2 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745,2007 5573; BBl 2002 3709).

482 SR 142.31

483 AS 1999 2262

484 AS 2004 1633

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